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marilyn m | Who can claim my grandson? |
my son and his gf had a baby he is 8 months old. my son would like to claim him as he does take him often on overnights and gives her money all the time to help support him.the gf don't work,but her step father wants to claim the baby on his taxes as he feels he supports the baby too and the baby resides there. i think if a mother can't claim the baby the father should get a chance before the step-grandpa am i wrong? |
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redhairedmama75
 |
In this case because it is the step grandpa who is the primarily supporting the child the step grandpa gets to claim him. |
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Christopher T
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Qualifying Children
To be claimed as a qualifying child, the person must meet four criteria:
Relationship — the person must be your child, step child, adopted child, foster child, brother or sister, or a descendant of one of these (for example, a grandchild or nephew).
Residence — for more than half the year, the person must have the same residence as you do.
Age — the person must be
* under age 19 at the end of the year, or
* under age 24 and a be a full-time student for at least five months out of the year, or
* any age and totally and permanently disabled.
Support — the person did not provide more than half of his or her own support during the year.
If your son can meet these criteria, he can claim the child.
For qualifying relatives, it is the same process. But the family gets first shot. |
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Tim
 |
Whoever provides the majority of the support can claim the child. Not just watching the kid, but providing clothes, meals and other money issues. |
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v b
 |
The IRS goes by where the baby lives. If that's with his mom, as you state, then *she* is consided the custodial parent and the baby is a qualifying child to her and her dad.
Once the baby is a qualifying child to them, they are the only ones who can claim the baby. (If the mom claims the baby, end of discussion.)
There are special rules for divorced/separated parents. If your son can prove that he and the mother (but not including the other grandparent) provided more than half the baby's support, then it's possible for the custodial parent to sign form 8332 to allow the non-custodial parent to claim the exemption and child tax credit (but not EIC).
In the scenario you describe, this would be difficult to prove to the IRS's satisfaction. "gives her money all the time" isn't going to be enough to pay for more than half of the baby's support since that support includes the baby's share of it's room and board at that other household--which was provided by the other grandparent. |
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ninasgramma
|
Your thinking is in line with the IRS tiebreaker rules, as long as the separated parents qualify to claim the child.
The rules for separated parents require first of all that the parents:
1) Lived with the child (together or separately) for more than six months of the year
2) Provided over half of the child's support
The first condition is met. The second condition will have been met only if your son paid for over half of his child's support.
If he did, then he is a noncustodial parent and can claim the child if the custodial parent (mother) signs over Form 8332 to him. He will attach this form to his tax return.
If the child's father and mother did not provide over half of the child's support, neither of them can claim the child. In this case, the grandparent who provided the child's home will qualify to claim the child. A step-grandparent is the same as a grandparent for tax purposes. |
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Judy1
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If the mom gives the father of the baby permission in writing, such as a signed form 8332, then the dad can claim him. Otherside, since the baby lives with her stepdad, he (the grandfather) can claim him. |
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travelguruette
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Essentially whoever pays more than 50% of the support of the baby has the deduction. The baby also needs to reside at that home. Parents always have the first right to deduct the child. If there is an issue with it the IRS will settle it. |
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Jss
 |
1. For claiming a child, the support does not count.
2. The child must have lived with you for more than half of the year except for temporary absences. So the child can only be qualifying child of your son's gf or her father.
3. They must decide who should claim the child based on these requirements
Special Test for Qualifying Child of More than One Person. If the child meets the rules to be a qualifying child of more than one person,
(a) you all must agree on who claims the child, or
(b) you must be the person entitled to claim the child as a qualifying child using tie-breaker rule.
Read http://taxipay.blogspot.com/2008/03/requirements-for-claiming-dependent.html |
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